At Your Service, Winter 2016

at your

Official Magazine of North Carolina Restaurant and Lodging Association

Service Election Impact What to expect with the transition of power Brunch Bills and Blue Laws Holiday Social Media Tips December 2016 Issue, Vol. 5, Issue 4 www.ncrla.org

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Charlotte Raleigh

table of contents in every issue

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Letter from the Chair NCRLA Chair Lance Trenary Upcoming Events Network with North Carolina’s hospitality industry leaders at one of NCRLA’s upcoming events.

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Welcome New Members NCRLA welcomes several new members from across North Carolina.

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Benefits of Membership NCRLA offers new, exciting benefits for members

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A la Carte A sampler of hospitality-related news stories

NCRLA EXECUTIVE BOARD OF DIRECTORS

LANCE TRENARY, Chair Golden Corral Corporation MICHAEL MARTINO, Chair Elect Sheraton Imperial Hotel & Convention Center BILLY SEWELL, Treasurer NRA Representative Platinum Corral, LLC VINAY PATEL, Secretary SREE Hotels, LLC JOEL GRIFFIN AH&LA & Travel & Tourism Board Liaison Griffin Stafford Hospitality, LLC RANDY KOLLS, Immediate Past Chair Washington Duke Inn & Golf Club LYNN D. MINGES President and CEO NCRLA FRANK GRAY General Counsel and Lobbyist Jordan Price Wall Gray Jones & Carlton, PLLC Directors KYLE AGHA The Last Resort SCOTT BREWTON Pinehurst Resort & Spa KELVIN FORD Prospect Foods, LLC

features

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PHIL FRIEDMAN Salsarita’s Fresh Cantina

Election Impact A seat at the table with policy makers

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Secrets of Success Biscuitville celebrates 50 years

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Foundation News How supporting ProStart helps your business

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ABC Laws Passing “brunch bills” to repeal blue laws

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Hospitality Tips How to wipe out food waste

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Legal Bites NCRLA to NC Supreme Court: Restaurant not liable to intoxicated patron’s estate

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Hospitality Insurance Taking the risk out of selling alcohol

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Social Media Holiday content creation do’s and don’ts

GARY FROEBA The Omni Grove Park Inn BILL GANT Concord Hospitality Enterprises Company PETER GRILLS Charlotte Area Chapter Representative The Ballantyne Hotel & Lodge ALAN HILTON S & D Coffee, Inc. CHRISTINA LARSON Darden Restaurants SCOTT MAITLAND Top of the Hill Restaurant, Brewery & Distillery AMBER MOSHAKOS LM Restaurants ROBERT M. O’HALLORAN East Carolina University NISHITH “NISH” PATEL Beacon IMG, Inc. TOM SASSER Harper’s Restaurant STEVE THANHAUSER Angus Barn, Ltd. CHARLES THOMPSON The Inn on Biltmore Estate STERLING F. WEBSTER IV Hilton Garden Inn OBX & Ramada Plaza OBX CRISSY WRIGHT Charlotte Marriott City Center HAJI PATEL (Ex-officio) AAHOA

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letter from the NCRLA Chair What a story! What a year!

As 2016 winds down and with it my term as the North Carolina Restaurant & Lodging Association’s Chairman of the Board, I would like to pause and reflect on several highlights of this exciting year.

We have made remarkable strides in increasing the strength and impact of our advocacy. In addition to raising record amounts of PAC money in 2016, we have helped to support over 250 candidates for elected office at the state and national level with a 95 percent success record from our PAC investments.

We have stepped up to help negotiate a reset after the controversial House Bill 2 issue took center stage in our state and the hospitality industry became collateral damage in a fight we did not ask for.

Nonetheless, policy makers turned to NCRLA for help in negotiating a workable resolution. Though our efforts this fall were not successful, we remain actively engaged in seeking a solution to the complex issues that surround this legislation.

We held a tremendous Legislative Day at NCRLA’s new downtown Raleigh offices, attended by dozens of legislators from both sides of the aisle.

Finally, as a testament to our organization’s growing influence, we were honored to hear from both candidates for governor, Roy Cooper and Pat McCrory, during our Oct. 24 board meeting.

We have built upon our commitment to create a strong, vibrant and collaborative industry community.

The 2016 NCRL Expo offered a unique opportunity for members to gather for networking and for exchanging ideas and information. And, we launched a very successful NCRLA Chef Showdown that helped to showcase some of the best and brightest talent in the foodservice industry from across our state. Membership and engagement have both grown exponentially during 2016.

And finally, I couldn’t be prouder of the way our industry has stepped up to the plate to support businesses and citizens impacted during the recent Charlotte riots, Hurricane Matthew and the devastating floods that followed it, and the recent wildfires that have raged through the western part of our state. You have offered food, shelter, and financial support and many have volunteered in remarkable ways.

As always, I am very proud of our collective work to support ProStart, the industry-developed program that helps mold eager high school students into tomorrow’s industry leaders. It’s heartwarming to see these young people grow into their full potential through a program that our industry created. Please read the article in this edition on how supporting ProStart can benefit your business.

As I wind down my year as NCRLA Chair, I want to thank each and every one of you for your hard work and support. I would like to personally thank NCRLA President & CEO Lynn Minges, and Chief Operating Officer Alyssa Barkley for their leadership and support throughout the year. I would also like to thank the entire NCRLA Staff -- Amy Berenson, Liz Dobbins-Smith, Mandy Hines, Steve Mange, Karen Mann and Kristen Worrell -- for their fantastic work to keep this organization running at peak performance. This really is a great industry, made up of great people.

Lance Trenary

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At Your Service Volume 5, Issue 4 An official publication of the N.C. Restaurant & Lodging Association© 2016 OUR STAFF President & CEO LYNN D. MINGES Chief Operating Officer/ Membership Development/ Health and Safety Regulations/ ALYSSA BARKLEY, IOM Director of Government Affairs/ Staff Attorney STEVE MANGE Director of Events and Sponsorship Development LIZ DOBBINS-SMITH Director of Hospitality Education MANDY HINES Marketing & Communications Manager KAREN A. MANN Membership Coordinator KRISTIN WORRELL Executive Assistant/ NCRLA Board Liaison AMY BERENSON General Counsel & Lobbyist FRANK GRAY Printer CHAMBLEE GRAPHICS, INC. Graphics and Design WHITNEY GOULDING DESIGNS whitney.designer@gmail.com BUSINESS OFFICE 222 North Person Street, Suite 210 Raleigh, N.C. 27601 Phone: (919) 844-0098 Website: www.ncrla.org For advertising and sponsorship inquiries, contact Marketing & Communications Manager KAREN A. MANN at kmann@ncrla.org, (919) 747-2205.

ELECTION IMPACT

By Lynn Minges

A seat at the table with policy makers As our state and nation prepare to usher in a new era of leadership, the North Carolina Restaurant & Lodging Association--along with our partners at the National Restaurant Association and the American Hotel and Lodging Association-are well positioned to have a seat at the table in discussions about key issues impacting the hospitality industry.

In Washington, Republicans will control the White House, both chambers of Congress, and soon the U.S. Supreme Court as a result of the November elections.

In Raleigh, the elections produced a state government that will be sharply divided, with a new Democratic governor, a state Supreme Court that flips from 4-3 Republican to 4-3 Democratic, a legislature where both chambers continue to have large veto-proof Republican supermajorities, and a mixed group of other top statewide officers. North Carolina, dubbed a “super-battleground” in the stark red vs. blue presidential contest, is deep purple at home – with important consequences for state policymaking.

One of the strategic goals of our association is to build our industry’s influence by increasing the strength and impact of advocacy at all levels of

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government. During the months leading up to the elections, NCRLA and its members actively engaged in numerous meetings with candidates seeking office for United States Senate and United States Congress, North Carolina House and North Carolina Senate, and with both candidates for North Carolina governor. During the meetings, we briefed them on the restaurant and lodging industry as a whole and alerted them to issues that pose potential adverse impact to the operations of our members and to business growth and prosperity.

Through the NCRLA PAC, National Restaurant PAC and HotelPAC, we have proudly supported pro-industry candidates. NCRLA and its members have also supported several candidates in key races through direct fundraising events. The NCRLA PAC supported 45 candidates for the General Assembly with a 95 percent success rate.

The National Restaurant PAC had a 93 percent success rate as they contributed $1.1 million to nearly 200 candidates for federal office.

And, while we will have a hospitality industry champion in the White House, we are especially proud that two restaurateurs will join the ranks of the NC Senate—Senator Chuck Edwards, a McDonald’s franchisee from Hendersonville and Senator Kathy Dunn, owner of three Biscuit King Restaurants, of Lexington.

So what does it all mean?

At the state level, we look forward to continuing to work with pro-business-minded policy makers who generally have supported less regulation and simplification of the tax code.

At the federal level, these will be the key issues to watch: Regulations: Trump calls for a requirement that for every new federal regulation, two existing regulations must be eliminated while also cancelling every unconstitutional executive action. This could have implications on the Department of Labor’s new overtime rules as well as the National Labor Relations Board’s new joint employer standard, and potentially result in those policies being rolled back or altered at some point in the future.

Immigration: Trump calls for removing illegal immigrants from the U.S. and cancelling visas to foreign countries that won’t take them back. This makes comprehensive immigration reform even more challenging to achieve and raises questions about the future of visa waiver programs.

Healthcare: Trump calls for a full repeal of Obamacare. This effort will require Congress to

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replace it with another healthcare policy and getting to agreement on what those particulars are could be difficult.

Infrastructure: Trump calls for a $1 trillion investment in infrastructure over the next 10 years, which could allow for much needed upgrades to our nation’s airports, roads, and railways which will further enhance U.S. travel.

Tax Reform: Trump calls for a middle class tax cut, as well as the lowering of the corporate tax rate.

At NCRLA, we pledge to represent you and your business interests at the North Carolina General Assembly and in our nation’s Capitol. And, we look forward to engaging you in the process. z Lynn Minges is the president & CEO of the North Carolina Restaurant & Lodging Association.

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2016 calendar of events Network with North Carolina’s hospitality industry leaders at one of NCRLA’s upcoming events. Learn more at www.ncrla.org/events.

Taste of North Carolina will return to the Carolina Inn in Chapel Hill on Feb. 6.

Feb. 6, 2017 NCRLA Annual Meeting The Carolina Inn 211 Pittsboro St., Chapel Hill The annual meeting is open to all members of the association and invited guests. During this meeting, the association will elect new members of the Board of Directors and elect officers for the association for 2017.

Feb. 6, 2017 Taste of North Carolina and the Stars of the Industry Awards The Carolina Inn 211 Pittsboro St., Chapel Hill Mark your calendars now for our 2017 Stars of the Industry Awards and Taste of North Carolina! It will be a spectacular evening to celebrate our industry, and we want you to be with us! Sponsorship opportunities are available. www.ncrla.org/taste

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March 17-18, 2017 North Carolina ProStart Invitational The Chef’s Academy 2001 Carrington Mill Blvd., Morrisville The North Carolina ProStart Invitational is a secondary school competition focused on restaurant management and culinary arts. Student competitors put their skills to the test in front of industry leaders, family and friends, all with hopes of earning a coveted scholarship from one of the nation’s premier culinary and restaurant management programs. Sponsorship opportunities are available. www.ncrla.org/ncpi March 28 & 29, 2017 NRA Public Affairs Conference Washington, DC NCRLA will lead a delegation of restaurant members to the conference in Washington, DC, as the industry introduces itself to the 115th Congress. More details coming soon on schedule, hotels and registration.

April 19, 2017 Charlotte Chapter Golf Classic The Ballantyne Golf Club 10000 Ballantyne Commons Parkway, Charlotte Join Charlotte hospitality leaders for a day of fun and networking at Ballantyne. Proceeds will benefit the North Carolina Hospitality Education Foundation.

April 26, 2017 Legislative Day and Rally in Raleigh NCRLA Offices 222 N. Person St., Raleigh NCRLA’s annual legislative workshop on issues that affect your business, and reception with legislators April 28-30, 2017 National ProStart Invitational Charleston, S.C. ProStart teams from across the Unites States, including North Carolina, will compete for scholarship money on the national stage in Charleston, S.C. May 17 & 18, 2017 AH&LA Legislative Affairs Summit Washington, DC Advocate to your senators and representatives on issues impacting your bottom line and share your passion for our industry.

June 19, 2017 Future of Hospitality Golf Classic Prestonwood Country Club 300 Prestonwood Parkway, Cary Our annual Triangle-area golf classic returns to Prestonwood in Cary. Enjoy a day of golf, fun and great food. Proceeds will benefit the North Carolina Hospitality Education Foundation.

Aug. 21-22, 2017 North Carolina Restaurant & Lodging Expo Raleigh Convention Center 500 S. Salisbury St., Raleigh Save the date for the 2017 North Carolina Restaurant & Lodging Expo, the only expo in the state dedicated to the restaurant and lodging industries. More details will be available as the date approaches.

Oct. 23, 2017 Manteo to Murphy The Angus Barn 9401 Glenwood Ave., Raleigh Annual fundraiser to benefit the National Restaurant Association and N.C. Restaurant & Lodging Association political action committees. Chefs from across North Carolina will create their signature dishes for sampling. There will also be live and silent auctions, with proceeds benefiting advocacy efforts from both the NRA and NCRLA. www.ncrla.org/manteotomurphy. z

May 20-23, 2017 NRA Show McCormick Place, Chicago NRA Show hosts a spirited four days of meeting, seeing, tasting, testing and more.

NCLRA Answer Team Do you have questions about legal and regulatory issues that impact your business?

NCRLA can help. Membership grants you three hours of legal assistance from our staff attorney, Steve Mange, as well as help from our on-staff health and safety regulations expert, Alyssa Barkley. Contact Steve at smange@ncrla.org or Alyssa at abarkley@ncrla.org.

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SECRETS OF SUCCESS

Biscuitville celebrates 50 years

Biscuitville founder Maurice Jennings (seated) with son Burney Jennings and daughter Fran Teter

Biscuitville, a Greensboro-based, family-owned chain known for its Southern-style cuisine, is celebrating its 50th anniversary this year.

The company was founded in 1966 when owner Maurice Jennings opened two pizza restaurants in Burlington. After several years, the company added made-from-scratch biscuits to its menu. The biscuits were so well received that business boomed and the Biscuitville brand evolved. Today, Biscuitville employs more than 900 people and operates 54 restaurants in North Carolina and Virginia.

“Biscuitville’s success is directly tied to our commitment to using fresh, authentic and locallysourced ingredients and serving our guests with genuine Southern hospitality,” said Burney Jennings, chief executive officer of Biscuitville and son of the company’s founder, Maurice Jennings.

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The company is celebrating with numerous promotions, giveaways and special events. All locations in North Carolina and Virginia participated in marking the company milestone by offering guests free and special-priced items.

“Our 50th anniversary celebrations were a way of showing appreciation to our loyal fans,” said Jennings. “Since 1966, we have proudly served guests fresh, high quality and authentic food, and we plan to continue do so for another 50 years.”

Biscuitville also showed appreciation for its employees by presenting them with celebratory gifts and pins, and recognizing top-performing employees at each restaurant location. On October 17, Biscuitville held its annual “Breakfast After Dark” fundraiser. From 5 to 8 p.m., guests could visit any restaurant location, and 20 percent of all proceeds from the evening benefited participating local schools and nonprofit organizations. Approximately $18,500 was raised for the community. z

Open DORES for Hospitality Education in NC

Donate Older Restaurant Equipment to Schools ProStart programs can use your gently used equipment!

Contact Mandy Hines, Director of Hospitality Education mhines@ncrla.org, 919-277-8582 Donations are tax-deductible.

welcome new NCRLA members NCRLA welcomes new members from across North Carolina Go to www.ncrla.org/membership to learn more about NCRLA and to download a membership application.

New Allied Members Lawrence Group, St. Louis Enhanced Disinfection Corp, Grassy Creek Nexsen Pruet, Raleigh Safe Food Plus LLC, Holly Springs UNOX, Inc., Newtown LINK Business, Cary Queen City Commercial Services, Charlotte Chef Alyssa’s Kitchen, Charlotte New Lodging Members Homewood Suites Charlotte Airport, Charlotte Home 2 Suites by Hilton Durham Chapel Hill, Durham Doubletree by Hilton Asheville – Biltmore, Asheville Residence Inn Biltmore, Asheville SpringHill Suites Wilmington Mayfaire, Wilmington Hampton Inn by Hilton Wilmington Downtown, Wilmington Aloft Raleigh Durham Airport Brier Creek, Raleigh Hulsing Enterprises, LLC, Asheville Rhea Hospitality, Cary Narsi Properties, Inc., Chapel Hill Asheville Crowne Plaza, Asheville Four Points by Sheraton - Asheville Downtown, Asheville

The King’s Daughters Inn, Durham The Mayton Inn, Cary New Restaurant Members Neomonde Mediterranean (2 units), Morrisville Boone Saloon, Boone Milk Bar, Raleigh Huske Hardware House Restaurant and Brewing Company, Fayetteville Four Oaks Tavern, Clemmons Tipsy’z Tavern & Grill, High Point Landmark Tavern, Raleigh JMR Kitchens, Raleigh Taste, Raleigh More, Raleigh The Oak, Raleigh Bare Bones, Raleigh Metro Diner, Fayetteville Chestnut, Asheville Yafo Kitchen, Charlotte Alchemy, Raleigh Cornerstone Tavern, Raleigh Southland BBQ Catering, Raleigh z

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FOUNDATION NEWS

By Mandy Hines

How supporting ProStart helps your business ProStart combines classroom experiences with work-based learning opportunities. In the classroom setting, students learn everything from kitchen and food safety to proper cooking techniques from a highly trained instructor. More than 83 percent of ProStart instructors have worked in the hospitality industry at some point during their career. These instructors create environments for students to practice techniques through schoolbased enterprises on campus.

Sixteen years ago, the National Restaurant Association Educational Foundation (NRAEF) launched a curriculum in high schools across the country to help prepare students for a career in the hospitality industry. This program was named ProStart to give students a “professional start� towards their future.

From culinary techniques to management skills, ProStart’s industry-driven curriculum provides for opportunities and real-life experience, and builds practical skills to create a foundation that will last a lifetime.

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The work-based learning happens when ProStart students find a job in the industry and begin applying the skills they are learning in the classroom. Industry mentors work with local instructors to hire and train these students at area restaurants. Just as a new driver is eager to get behind the wheel of a car, these students are excited to begin using their knowledge and skills in a real work environment.

There are many reasons why hiring a ProStart student can benefit your business. For starters, these students come to you pre-trained with a solid understanding of food, workplace safety and kitchen skills. ProStart teaches them foundational workreadiness skills, including teamwork, professionalism, time management, workplace communication, and decision-making skills. These employability skills make ProStart students prime candidates for advancement.

One major champion of ProStart is Golden Corral, which has generously donated time, money and the use of its corporate kitchen to help advance the program.

the work load in a kitchen to get things done,” said Zulema Martinez, a ProStart alumna in her junior year at Johnson and Wales University in Charlotte.

She has had the opportunity to put her skills to work at American Burger Company, Decadent Designs Bakery and currently at Bank of America Stadium for Delaware North Sportservice.

Another ProStart alumna Rachel Larsen, joined the Applebee’s staff while in high school.

“There are so many positive attributes that ProStart students have the opportunity to develop through the program,” says Golden Corral President & CEO Lance Trenary. “It is exciting to see character traits such as teamwork, responsibility, accountability, engagement and enthusiasm all grow exponentially in the students as they put these critical life skills to work. ProStart also encourages high personal integrity that, when combined with the other traits, gives the students a fantastic foundation to launch a future career in the hospitality industry!”

What makes ProStart different from other culinary programs? ProStart has the support of the National Restaurant Association and the North Carolina Restaurant & Lodging Association. ProStart isn’t just about knowledge. The students who participate in ProStart gain confidence in what they can do through the work based mentoring that occurs in tandem with industry partners.

“ProStart was instrumental in preparing me to work with customers,” said Larsen. “Our high school partnered with the local Applebee’s where I could apply everything I was learning and be a successful server.” Students like Larsen and Martinez are the future leaders of our hospitality industry.

Each spring, NCRLA hosts the North Carolina ProStart Invitational. This competition is the highlight of the year for these students and gives them a chance to show off their skills in the culinary or restaurant management categories. The North Carolina ProStart Invitational will be held March 17-18, 2017 at The Chef’s Academy in Morrisville. State winners will advance to the National ProStart Invitational, which will be held April 28-30 in Charleston, SC. Mandy Hines is NCRLA’s director of hospitality education, and supervises the North Carolina ProStart program. To become a mentor or to find out how your business can hire ProStart students, contact her at mhines@ncrla.org or 919-277-8582. z

“Participating in ProStart while in high school taught me how to work as a team and distribute

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ABC LAWS

By Katie Barber-Jones

Passing “brunch bills” to repeal blue laws By statute, North Carolina allows on-premises alcohol sales statewide from 7 a.m. to 2 a.m. every day, except Sundays, when alcohol service cannot begin until noon.1 Local governments may also entirely prohibit Sunday onpremises alcohol sales, unless the establishment has a brownbagging or mixed beverages permit.2 The North Carolina Restaurant & Lodging Association has proposed legislation allowing Sunday morning alcohol sales, most recently, during the 2011-2012 legislative session.

Nationwide, states are repealing or scaling back Sunday blue laws – which were historically far more restrictive than some might realize.

A historical perspective Over the years, North Carolina state and local governments have enacted and repealed “blue laws,” which are intended to “provide a day of rest and to prevent physical and moral debasement from uninterrupted labor.”3 Most remaining blue laws govern alcohol sales, but historically have restricted other menu options. For example, in late-1880s Asheville, “one could not order ice cream on Sunday without first taking a lunch and that lunch could not consist of cake,” which was enforced by Sunday raids of candy shops.4 One candy store began serving ham sandwiches, which allowed the Sunday ice-cream crowd to stay on the right side of the law.

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“Brunch Bills” in other states Several states have recently introduced “brunch bills” to allow Sunday morning alcohol sales. In Georgia, a March 2015 “brunch bill” would have allowed cities and municipalities to “opt in” and allow alcohol sales to begin at 10:30 a.m., and was estimated to potentially create an extra $100 million in taxable sales.5 However, the bill stalled between chambers and was declared “dead” a year later.6 In contrast, last summer, New York changed its laws to allow restaurants, taverns and bars to serve alcohol beginning at 10 a.m., instead of noon. The “booze bill,” which also cut red tape for wineries and breweries, was enacted the day before the official start of the NFL season.7 “Brunch bills” also passed in West Virginia in 2016, rolling back the 1 pm start time for Sunday alcohol sales, which the West Virginia Hospitality & Travel Association named as their “number one priority” for the year.8 To finally pass, an amendment was added allowing each county to vote to “opt in,” and some counties have already passed the measure.9 Sunday alcohol sales in other states Some states, such as Alaska and Wyoming, do not restrict Sunday alcohol sales at all. Others, such as

Alabama and Oklahoma, regulate alcohol at the local level only, with many odd restrictions. For example, in Greene County, Alabama, alcohol may be sold on Sundays only at the dog track. Some states also prohibit sales on Christmas Day and Easter Sunday, but allow all permittees may serve on New Year’s Eve, whatever day it falls on. The already scanty Florida alcohol control laws are waived for amusement parks. Every state west of the Mississippi allows Sunday morning on-premises sales – by statute or allowing local governments to decide. Alcohol in Nevada is entirely regulated by local governments – thus, in Las Vegas, you can buy a drink at any hour of the day, any day of the week.

North Carolina approaches Over decades of judicial challenges, North Carolina courts have upheld Sunday blue laws as constitutional, making the legislature the best chance for change. The most recent proposal allowed Sunday alcohol sales beginning at 11 a.m., but died in committee.10 In 1993, the 1 p.m. limit was successfully changed to noon, after proposals of 11:30 a.m. and 11:45 a.m were rejected.11 Repealing N.C. Gen. Stat. § 18B-1004(c) would make Sundays the same as any other day: 7 a.m.-2

a.m, a clean and easily understood change, and beneficial to both service and retail establishments.

However, nationally, successful “brunch bills” retain a distinction between Sundays and the rest of the days of the week and allow some choice to local governments.

In North Carolina, a strong, bipartisan coalition of business-friendly lawmakers in both chambers could support a relaxation of Sunday alcohol sales restrictions, especially one which allowed local governments to opt out, and lawmakers may try to pass a “brunch bill” during the next session.

According to NCRLA President & CEO Lynn Minges, the association has had positive conversations with influential legislators about this issue, one of NCRLA’s legislative priorities.

Just as the law now allows a lunch of cake with ice cream for dessert, the national trend favors letting diners enjoy mimosas – or Bloody Marys -- with a morning brunch. In future legislative sessions, perhaps the General Assembly will let diners – or local governments – decide for themselves.

Katie Barber-Jones is an attorney with Cranfill, Sumner & Hartzog.

N.C. Gen. Stat. § 18B-1004(a), (c) (2016).

N.C. Gen. Stat. § 18B-1004(d).

3 Providence Square Assocs., LLC v. G.D.F., Inc., 211 F.3d 846, 852 (4th Cir. 2000).

4 Zoe Rhine, “Asheville City’s Sunday Blue Laws,” HeardTell: The North Carolina Room, Pack Memorial Library (Oct. 1, 2015) , available at: https://packlibraryncroom.wordpress.com/2015/10/01/asheville-citys-sunday-blue-laws/ (last accessed 15 Nov. 2016).

5 Osayi Endolyn, “Brunch Bill aims to start Sunday alcohol sales at 10:30 am,” Atlanta Magazine (Mar. 10, 2015), available at: http:// www.atlantamagazine.com/drinks/brunch-bill-aims-start-sunday-alcohol-sales-1030/ (last accessed 15 Nov. 2016).

6 Amy Wenk, “Brunch bill ‘officially dead,’” Atlanta Business Chronicle (Mar. 16, 2016), available at: http://www.bizjournals.com/atlanta/news/2016/03/16/brunch-bill-officially-dead.html (last accessed 15 Nov. 2016).

7 Press Office of New York State Governor Andrew Cuomo, “Gov. Cuomo Signs Legislation to Modernize New York’s Alcoholic Beverage Control Law,” (Sept. 7, 2016), available at: https://www.governor.ny.gov/news/governor-cuomo-signs-legislationmodernize-new-yorks-alcoholic-beverage-control-law (last accessed 15 Nov. 2016).

8 Dawn Nolan, “‘Brunch Bills’ supporters hope to change Sunday alcohol sales time,” Charleston Gazette-Mail, (Feb. 7, 2016), available at: http://www.wvgazettemail.com/life/20160207/brunch-bills-supporters-hope-to-change-sunday-alcohol-sales-time (last accessed 15 Nov. 2016).

9 Alec Berry, “Ohio, Marshall Counties Take ‘Brunch Bill,’” The Intelligencer/Wheeling News-Register (Nov. 9, 2016), available at: http:// www.theintelligencer.net/news/election-2016-results/2016/11/ohio-marshall-counties-take-brunch-bill/ (last accessed 15 Nov. 2016).

10 N.C. Gen. Assembly Conference Report, H.B. 796-CRRU-15 [v. 1], available at: http://www.ncleg.net/Applications/BillLookUp/ LoadBillDocument.aspx?SessionCode=2011&DocNum=1500&SeqNum=0 (last accessed 15 Nov. 2016).

11 N.C. Sess. L. 1993-243; S.B. 754 (1991).

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HOSPITALITY TIPS

How to wipe out food waste Americans waste an obscene amount of food despite the fact that one in six Americans is food insecure.

The Environmental Protection Agency found that food waste is the largest component of solid waste in American landfills. Unsurprisingly, produce makes up the bulk of the discarded product, with more than 50 percent (or 60 million tons) of all produce thrown away.

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may be more beneficial to society and generates impacts that may endanger the long-run health of the planet.

Food waste quickly generates methane, helping to make landfills the third largest source of methane in the U.S.

What can you do to curb food waste in your establishment?

Follow the pyramid of food usage hierarchy.

Americans have an unrealistic and unyielding cosmetic expectations of their foods while foods, fruits and vegetables in particular, have a tendency to look less than perfect from bruising, wilting, oxidizing, discoloring and more.

It’s easy to see how this obsession might become amplified in an era of high foodie-ism and Instagram where a sort of heirloom airbrushing has taken hold.

However, in the last year, “foodies” and chefs have catapulted the issue of food waste into popular conversations. Restaurant operators across the country are changing their thinking around food recovery and reducing waste.

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In 2015, the U.S. government announced a campaign to reduce by half America’s food waste annually by the year 2030. The United States Department of Agriculture and EPA will work in partnership with charitable organizations, faith organizations, the private sector, and local, state and tribal governments to reduce food loss and waste in order to improve overall food security and conserve our nation’s natural resources.

REDUCTION Tracking food waste can result in reduced purchasing costs. Begin by inventorying food and tracking what and how much you waste. You can’t manage what you don’t measure.

Food waste has far-reaching impacts on food security, resource conservation and climate change: • Wholesome food that could have helped feed families in need is sent to landfills.

• The resources used in producing, processing, transporting, preparing, storing and disposing of discarded food are pulled away from uses that

In the front of the house, called post-consumer waste (leftovers after customers have eaten), you can focus on monitoring portions and “right sizing” them as necessary, providing half-portions on the standard menu and using appropriately sized to-go containers.

These are more difficult to manage than your back-ofhouse efforts.

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Pre-consumer waste (your back-of-house efforts), is where you can inventory food and track waste, train your staff to not waste food and use the whole protein (nose-to-tail, broccoli stems and leaves in soups, etc.).

Check that your food storage equipment are closed tightly and working properly to prevent spoilage of your merchandise.

DONATION Feed hungry people with your safe, nutritious and wholesome leftovers. Need a connection to a local charitable organization? Visit www.foodtodonate.org.

The Bill Emerson Good Samaritan Food Donation Act of 1996 protects “persons,” “gleaners,” and “nonprofit organizations” who participate in food recovery from civil and criminal liability. “Persons” include individuals, businesses, corporations, governments and others so restaurants are completely covered.

If the food is past the point of human consumption, it can be donated to feed livestock. This is where having a connection with local farmers may be convenient, whether or not they are your supplier.

COMPOSTING What if you could take your discarded, unusable food and turn it into soil-enriching “food” for crops and gardens? That’s basically what organic composting does. Composting also can lower your hauling costs, remove tons of waste from water treatment plants, and divert reusable, organic materials from landfills. www.FindAComposter.com can help you locate a composting farm or facility near you.

Restaurants and foodservice establishments are uniquely positioned to create huge margins for sustainable action improvements through small changes in operations or mindset.

7 Steps to Donating Food 1. Find out who needs donations. Develop a oneon-one relationship with an agency in your community. This will make the process easier.

Decide together on a scheduled pickup time and the food the agency can accept.

2. Figure out your donation inventory. Know how much surplus food you have and the kinds you can donate with ease. Inventory the foods you throw away or compost. Determine what is safe and acceptable for donation.

3. Only donate food that hasn’t been served. If food is brought back to the kitchen for any reason, don’t donate it.

4. Food safety is most important. Be sure to follow correct food cooling and handling procedures.

Need a refresher? Go to: Conserve.Restaurant.org/ FoodSafety or ServSafe.com.

5. Pack it up properly. Use proper packaging and food handling procedures. Label bags or pans containing food on two sides, with the date, description of contents, and weight. For a refresher on food handling, visit our website: Conserve.

Restaurant.org/foodsafety.

6. Know your storage capacity. Determine how you’ll store your food. How much refrigeration space do you have? Are they reach-ins or walkins? Know the hold times for the foods you donate and do not exceed them.

7. Track what you donate. Record donations at each pickup on a log or spreadsheet.

PARTICIPATE You are invited to the first Wake County Food Recovery Summit. Learn how to increase your bottom line and decrease your food waste by reducing it, donating edible food and composting the rest. Join others like you on Monday, Feb. 6, 2017, in Raleigh to learn more. Free to attend with lunch provided. RSVP required. Hosted by North Carolina Department of Environmental Quality, North Carolina Farm Bureau Federation, North Carolina Restaurant & Lodging Association and more. For details, please contact jorge. montezuma@ncdenr.gov.

A version of this article originally ran in the summer/ fall 2016 issue of Pennsylvania Restaurant & Lodging Matters. z

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LEGAL BITES

By Steve Mange

NCRLA to NC Supreme Court: Restaurant not liable for intoxicated patron’s death Should the estate of a restaurant patron who had too much to drink and later died of alcohol poisoning be able to sue the restaurant for overserving her? When a state appellate court said “yes,” the North Carolina Restaurant & Lodging Association stepped in to tell the state Supreme Court “no” – filing a “friend of the court” brief in the case of Davis v. Hulsing Enterprises.

Why is this case important?

If this case goes the wrong way, every restaurant and hotel that serves alcohol will be at risk. Any patron that has too much to drink and hurts himself or herself as a result can turn around and sue you as an ABC licensee for overserving him or her. It’s never the patron’s fault for drinking too much; it’s always your fault for serving too much.

How is this different than normal “dram shop” liability?

Under North Carolina law, it’s unlawful for you to serve alcohol to an intoxicated patron. For more than 30 years, our state courts have said that if you break the law by serving alcohol to an intoxicated patron, and that patron drives drunk and causes injury to an innocent party, that innocent third party can sue you for negligence. This is widely known as “dram shop” liability (named after establishments in eighteenth-century England that sold gin by the spoonful, called a “dram”).

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What’s different – and troubling – about this case is that the plaintiff is not an innocent third party.

The plaintiff is the estate of the woman who drank too much and died as a result. Far from the normal dram shop case brought by an innocent third party, this is a “first party” dram shop claim, a type of claim the North Carolina courts have never recognized – until now. That’s why NCRLA got involved on behalf of the entire North Carolina hospitality industry.

How did this case arise?

Here are the tragic events that gave rise to this case: Back in 2012, a Charlotte couple named Thomas and Lisa Davis went to celebrate their tenth anniversary at the Crowne Plaza Hotel in Asheville (a hotel owned by the defendant in this case, Hulsing Enterprises). After going to their room and unpacking, the couple headed to the hotel’s restaurant-bar, Mulligan’s, where they ordered dinner and drinks. Over the course of four and a half hours at Mulligan’s, Mrs. Davis drank ten alcoholic beverages. When she had difficulty walking back to her room, a hotel employee assisted her with a wheelchair.

The couple returned to their room and went to sleep. When Mr. Davis awoke the next morning, he found Mrs. Davis dead from what was later determined to be alcohol poisoning.

What happened in court?

The estate of Lisa Davis sued the hotel for two things: first, negligence in serving alcohol to her when she was already intoxicated, and second negligence in providing aid when the hotel employee helped Mrs. Davis return to her room.

With respect to the second claim, there was a jury trial, and the jury found that the hotel was not negligent in providing aid to Mrs. Davis. The appellate court affirmed that verdict.

There was no jury trial on the first claim – the claim that the hotel was negligent in serving Mrs. Davis alcohol when she was already intoxicated. Instead, the trial dismissed that claim outright, without a trial. The court held that Mrs. Davis’ own negligence in drinking too much “canceled out” any negligence by the hotel in serving her too much. But that decision was reversed by the intermediate appellate court, which held that there had to be a jury trial on the estate’s claim that the hotel was negligent in serving too much alcohol to Mrs. Davis.

What’s happening now?

The hotel has filed an appeal with the North Carolina Supreme Court, arguing that the trial court made the right call when it dismissed the estate’s

first claim and that the appellate court made the wrong call when it reversed that decision by the trial court.

NCRLA has filed a “friend of the court” brief agreeing with the hotel and making these key arguments on behalf of the state’s hospitality industry: • • •

•

North Carolina has never recognized a “first party” dram shop claim.

Most other states do not recognize a “first party” dram shop claim – for good reason.

A person who gets drunk and hurts himself should not be allowed to evade responsibility for his actions by suing the establishment that served the alcohol.

Any other rule would not only reward and encourage irresponsible behavior by patrons but also raise the cost of doing business and – ultimately – raise the cost of patronizing restaurants, hotels, and other establishments that serve alcohol.

Our “friend of the court” brief was written by NCRLA General Counsel Frank Gray and his colleague Lori Peoples Jones at the law firm Jordan Price Wall Gray Jones & Carlton. You can read it at www.ncrla.org/hulsingbrief. A decision by the Supreme Court on this critical issue is expected in the coming month.

Steve Mange is NCRLA’s staff attorney and director of government affairs. Contact him at smange@ncrla.org or at 919-861-0942. z

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HOSPITALITY INSURANCE

Taking the risk out of selling alcohol Are you willing to risk the loss of your liquor license, your business, and perhaps even your home and other personal assets? That’s what’s at stake when the owner of a business that serves alcoholic beverages fails to carry liquor liability insurance.

experienced drinker has had too much to drink, yet the person who serves the alcohol and the server’s employer can ultimately be held responsible. They made the incident possible by providing their patron with alcohol.

Attorneys typically seek a connection to those who have the most to lose, so lawsuits often name liquor manufacturers, distributors and others, along with the business owner and server. The average claim settlement has increased significantly in the past 20 years. Some cases result in settlements of millions of dollars, so those parties that lack coverage are putting a great deal at risk.

Liquor liability insurance typically covers not only the cost of damages but also all legal fees and related expenses. Without coverage for legal fees and the cost of claims, many establishments would be unable to afford to remain in business if a claim were filed against them.

In today’s world, businesses can be held liable for practically anything. That’s especially true in the hospitality industry, where restaurant and bar owners face a variety of exposures every day.

Yet many businesses operate without coverage. Most often, business owners are uninsured because they believe they can’t afford liquor liability insurance. To understand the cost of coverage, business owners need to understand the purpose of coverage. Liquor liability claims often arise when patrons overindulge, drive away, then harm or kill themselves or others.

Of course, other types of alcohol-related incidents can also lead to liability claims. Experience shows that assault and battery cases account for half of all claims against owners of establishments that sell alcoholic beverages, so employers should consider adding assault and battery coverage to their liquor liability policy.

Juries sometimes side with the individual against the business owner, although the individual has acted irresponsibly. It is often difficult to tell when an

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Businesses can be named in lawsuits that occurred off premises or were only remotely connected to the establishment.

That’s where Hospitality Insurance Group comes in.

As a private, admitted, mutually owned insurance company, we offer Commercial Property, General Liability, Liquor liability, full Assault and Battery, Temporary event coverage end Excess Liability policies to businesses that serve or sell liquor.

NCRLA members receive an exclusive 20 percent discount.

For more information on Hospitality Insurance Group and how you get an insurance quote please contact – Sandra Haley, CPCU, CIC, CRM, SVP Underwriting/ Marketing at- 1-877-366-1140.

The most valuable benefits you receive through The N.C. Restaurant & Lodging Association are intangible. But you can see below that there are also numerous opportunities to save and help your business grow through your membership in the association. And, NCRLA continues to find other ways to help your business grow stronger.

Advocacy

Cost Savings

NCRLA is the leading advocate for the restaurant, foodservice and lodging industries in N.C.

Leverage the power of group buying and exclusive member offerings! NCRLA offers members deep discounts on important goods and services: • Take advantage of significant refunds from class action settlements • Up to 50% discount on set-up fees and ongoing preferred member pricing for electronic alcohol purchasing • Access to free local and regional hotel wage and benefits data • 10-20% discount on ServSafe training • Up to 20% discount on music licensing fees • Benefit solutions for your business including group health plans, commercial property and casualty, and executive benefits • Complimentary registration to the NC Restaurant & Lodging Expo Learn more at www.ncrla.org/benefits

We support our members’ interests through legislative representation with the goal of lobbying key decision makers so they understand the effects of legislation on your business.

We notify you of critical policy developments and promote pro-business candidates and legislation through grassroots issue advocacy campaigns and the NCRLA PAC. This support also includes lobbying updates at the local, state, and federal levels; as well as research from our national partners - the National Restaurant Association and the American Hotel & Lodging Association. Learn more at www.ncrla.org/advocacy.

Education and Networking

Resource Center

NCRLA offers many unique opportunities for members to connect. Annual golf tournaments, Taste of NC and Stars of the Industry Awards Gala, Rally in Raleigh, Manteo to Murphy Restaurant PAC fundraiser, and other social events are held annually. The association also offers seminars, workshops and webinars. Learn more at www.ncrla.org/events.

NCRLA serves as a resource to members on many issues impacting their businesses. Whether you need assistance in understanding and complying with health department, fire, or safety regulations, ABC rules and regulations, or legal issues, we have experts available to assist you every step of the way. For regulatory issues, contact Alyssa Barkley at abarkley@ncrla.org or for other legal issues contact Steve Mange at smange@ncrla.org.

a la carte A sampler of hospitality-related news stories

CANDIDATES FOR GOVERNOR SPEAK TO NCRLA BOARD OF DIRECTORS Gubernatorial candidates Governor Pat McCrory and Attorney General Roy Cooper spoke to the NCRLA Board of Directors during the board meeting on Oct. 24. Both candidates discussed their plans for working with the hospitality industry and addressing the financial fallout from HB2. NCRLA was honored to have both candidates speak to the board. z

Pat McCrory at the Oct. 24 board meeting

INVEST IN YOUR EMPLOYEES WITH GUEST SERVICE GOLD TRAINING AND CERTIFICATION Five-star service begins with your employees, and service is more important than ever in a tough, tight, and competitive market. Excellent guest service is not an expense, but an investment.

Statistics prove that guests reward exceptional service with loyalty and increased spending. Look beyond the standard guest service training and get recognized for implementing and achieving guest service best practices with Guest Service Gold®, a program that is now offered by NCRLA. Guest Service Gold® is a comprehensive program designed to accomplish the goal of creating guest service-oriented line level employees who know how to engage with their guests to provide memorable guest service. Core components include training, employee certification and property certification and can be implemented by any service oriented business, such as restaurants, transportation companies, attractions, retail outlets, not just lodging properties. It can also be used in academic settings to provide students with a solid foundation in guest service.

Guest Service Gold can be for managers and all employees involved in the hospitality industry.

Recently the Hibernian Restaurant Group in Raleigh became the first restaurant group in North Carolina to hold and pass a Guest Service Gold Certification for their staff.

Learn more about how Guest Service Gold can benefit your business at www.ncrla.org/GuestServiceGold. z

Roy Cooper at the Oct. 24 board meeting

SUCCESSFUL MANTEO TO MURPHY RAISES FUNDS FOR PACS The Angus Barn and Golden Corral hosted another successful Manteo to Murphy PAC event Oct. 24 at the Angus Barn Pavilions in Raleigh. Ticket sales and live auction sales benefited the NRA’s Restaurant PAC. Silent auction sales benefited the NCRLA PAC. Both PACs are vital weapons in the fight to elect candidates who are friendly to the hospitality industry. This year’s event raised approximately $150,000 for the NRA’s Restaurant PAC and the NCRLA PAC. z Left-right: NCRLA President & CEO Lynn Minges with NRA President & CEO Dawn Sweeney 24

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HOTEL INDUSTRY ASKS GSA TO RETAIN CURRENT PER DIEM SYSTEM TO SUPPORT GOVERNMENT TRAVEL AND NATIONAL LODGING INDUSTRY The American Hotel & Lodging Association (AHLA), along with representatives from member companies, participated in a public hearing hosted by the General Services Administration’s (GSA) new interagency working group to examine if the methodology for determining per diem rate boundary lines should be changed. AHLA expressed support of the current per diem system, which reassesses per diem rates each year based on accountable, transparent local market data.

“Government travel is incredibly important to the hotel industry, generating thousands of jobs and millions in travel spending that supports communities around the country,” said Craig Kalkut, AHLA’s Vice President of Government Affairs. “The American Hotel & Lodging Association and the hotel industry have worked closely with the General Services Administration to ensure that lodging per diem rates align with market conditions and also reflect good value for the government. Although the system is certainly not foolproof, it has worked.”

Hotel industry participants who appeared on behalf of the lodging sector included: AHLA’s Vice President of Government Affairs, Craig Kalkut; Intercontinental Hotels Group’s Key Account Director of Americas Sales, Sandi Millstein; Intercontinental Hotels Group’s Americas Sales Specialist of Government Transient & Travel Agency Sales, Bill Mckeand; and Hilton Worldwide Sales Director of Government Segment, Scott E. Lamb. “As an industry, we hope that this new working group will engage closely with the travel industry and consider our input prior to making any changes to the current per diem system. AH&LA will continue advocating with both the GSA and this new working group to ensure hotels can best accommodate the needs of government travelers,” said Kalkut. The GSA interagency working group members are represented by the following agencies: Department of Defense; Department of Energy; Department of Health and Human Services; Department of Interior; Department of Labor; and the Government Accountability Office. z

Thank You to Our Corporate Partners

Corporate partners support the endeavors of NCRLA in a variety of ways, from event sponsorships, advertising and more. NCRLA thanks those who help make the association strong.

TITANIUM

PLATINUM

GOLD

SILVER

View our corporate partnership opportunities at www.ncrla.org/sponsorships.

For more information on how you or your organization can become a corporate partner of NCRLA, including the Hospitality Education Foundation and the NCRLA Political Action Committee, call Liz Dobbins-Smith at 919-277-8585.

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SOCIAL MEDIA

By Kelly Propst

Holiday content creation do’s and don’ts The holiday season is right around the corner. Before you get too caught up in the fun, take time to thoughtfully craft your brand’s plan for holiday social content as it is an opportune time to engage with your followers.

Here are some social media do’s and don’ts to keep in mind during the holiday season: •

•

•

•

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Do create valuable content. No matter the occasion, your content should always be valuable. Despite the string of back-to-back holidays, be sure to thoughtfully plan out the messaging of your posts. Mention any holidaythemed campaigns you’re working on or any fun office celebrations. Find a unique way to engage with your followers who are being flooded with similar holiday posts.

Do use appropriate messaging. Be mindful that your followers likely come from different religions, countries or backgrounds than you and may not celebrate the same holidays.

Additionally, the phrase “happy [holiday]” may not always be appropriate for holidays like Memorial Day, when honoring fallen U.S. soldiers.

Do schedule strategically. When scheduling content, be mindful of when your followers will be online. Although it’s important to post on the actual holiday, engagement may be rather limited with people out of the office and busy with their own celebrations. Schedule content to go out in the morning, and let your followers enjoy their celebrations later in the day.

Don’t go overboard. It’s easy to get caught up in the holiday festivities, but keep in mind that there is such a thing as too much. It’s perfectly fine to create more than one post surrounding

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•

•

one holiday, but make sure you’re still tying it into your brand.

Don’t get too wordy. Twitter has a character limit for a reason. Keep the “short and sweet” concept in mind across all social platforms.

While Facebook and Instagram allow you to elaborate a little more than you can in a tweet, it’s better to keep it on the shorter side to avoid overwhelming your followers.

Don’t neglect your social media accounts.

Hello scheduling apps! Because you want to enjoy your holiday just as much as everyone else, don’t forget to schedule content to go out on days the office is closed. If you’re not already familiar with programs like Hootsuite or Sprout, give them a try to make your life easier. Make sure you’re part of the conversation by posting on time and on message. This Thanksgiving, you can have your turkey and eat it too!

Although we’re heading into the winter holidays, this list of do’s and don’ts can be helpful year-round. To help develop a social content strategy for your brand’s social media accounts, drop us a note at www.largemouth.com/contact.

Kelly Propst is the vice president of Largemouth Communications. z

Exclusive health care pricing and solutions for North Carolina Restaurant & Lodging Association members Together, the National Restaurant Association (NRA), North Carolina Restaurant & Lodging Association (NCRLA) and UnitedHealthcare offer special advantages for your NCRLA member business:

Save with rate discounts up to*

on Medical 5% 5 Plans Specialty 5% on Benefits *Some restrictions apply.

} Health care reform guidance and solutions around the Affordable Care Act } Exclusive savings on group medical plans and specialty benefits for NRA/NCRLA members } Wellness programs and services } Bilingual resources for Hispanic/Latino owners, operators and employees

Find out what the NCRLA and UnitedHealthcare can do for your business.

Visit uhctogether.com/ncrla.

For more information, contact your broker or Moriah Murphy at (612) 395-8538 or moriah.murphy@optum.com.

Š2016 United HealthCare Services, Inc. Insurance coverage provided by UnitedHealthcare Insurance Company or its affiliates. Administrative services provided by United HealthCare Services, Inc. or their affiliates. Health Plan coverage provided by or through a UnitedHealthcare company.

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